Cosmopolitanism And The Development Of The International Criminal Court

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Cosmopolitanism and the Development of the International Criminal Court

Jennifer Biedendorf
Cosmopolitanism and the Development of the International Criminal Court Book PDF

Author : Jennifer Biedendorf
Publisher : Rowman & Littlefield
Page : 183 pages
File Size : 50,8 Mb
Release : 2019-08-01
Category : Law
ISBN : 9781683931805

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Cosmopolitanism and the Development of the International Criminal Court by Jennifer Biedendorf Pdf

Cosmopolitanism and the Development of the International Criminal Court analyzes a set of prominent and competing discourses that emerged in the context of the development and establishment of the International Criminal Court (ICC). The ICC is the first permanent juridical body designed to prosecute individuals who commit offences including war crimes, crimes against humanity, and genocide. Drawing on scholarship on public memory and human rights, the book argues that international law and the international human rights system play a key role for the development of transnational memory discourses and transnational or cosmopolitan subjectivities. Despite the International Criminal Court being recognized as a landmark development in global cooperation, an examination of key events in the development of the court shows how some state and nonstate actors advance calls for cosmopolitanism while others resist cosmopolitanism to bolster nation-state sovereignty. Drawing on the establishment of the International Criminal Court as a case study, the book examines several events that continue to shape national and international public discourse. The book examines debates that occurred during the drafting process of the international treaty at the United Nations and that led to the groundbreaking inclusion of provisions on gender and sexual violence in the Rome Statute of the ICC in 1998. The analysis discusses the tension between feminist advocates’ rhetoric and the discourse of anti–women’s rights actors involved in the treaty-making process who resisted such inclusions in international criminal law. The book analyzes other key events related to the establishment of the ICC that invoke tensions between competing demands of cosmopolitanism and national sovereignty, including advocacy campaigns by nongovernmental organizations working to drum up public support of the institution of the International Criminal Court and the debates surrounding the unprecedented act of the United States “unsigning” an international treaty. In sum, this examination of the rhetoric of state and nonstate actors attempting to shape the court according to their visions of global community shows how discourses about international criminal law and human rights are employed not only to advance cosmopolitanism but also to strengthen nationalist discourses.

Governance, Order, and the International Criminal Court

Steven C. Roach
Governance Order and the International Criminal Court Book PDF

Author : Steven C. Roach
Publisher : Oxford University Press on Demand
Page : 302 pages
File Size : 49,8 Mb
Release : 2009-05-07
Category : Law
ISBN : 9780199546732

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Governance, Order, and the International Criminal Court by Steven C. Roach Pdf

How has the International Criminal Court been able to evolve into a fairly effective, albeit relatively untested multi-level model of global governance? This volume explores this question and the novel predicament it represents for understanding the challenges of extending global governance and promoting global justice.

Defining International Terrorism

Stella Margariti
Defining International Terrorism Book PDF

Author : Stella Margariti
Publisher : Springer
Page : 186 pages
File Size : 49,6 Mb
Release : 2017-08-01
Category : Law
ISBN : 9789462652040

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Defining International Terrorism by Stella Margariti Pdf

This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.

Politicizing the International Criminal Court

Steven C. Roach
Politicizing the International Criminal Court Book PDF

Author : Steven C. Roach
Publisher : Rowman & Littlefield
Page : 232 pages
File Size : 54,5 Mb
Release : 2006
Category : Law
ISBN : 0742541045

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Politicizing the International Criminal Court by Steven C. Roach Pdf

This innovative and systematic work on the political and ethical dimensions of the International Criminal Court (ICC) is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Steven C. Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.

The Position of Witnesses Before the International Criminal Court

Sylvia Ntube Ngane
The Position of Witnesses Before the International Criminal Court Book PDF

Author : Sylvia Ntube Ngane
Publisher : Martinus Nijhoff Publishing
Page : 418 pages
File Size : 49,8 Mb
Release : 2015-09-03
Category : Law
ISBN : 9004301941

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The Position of Witnesses Before the International Criminal Court by Sylvia Ntube Ngane Pdf

'The Position of Witnesses Before the International Criminal Court' examines the implications of cosmopolitan thought for the functioning of the ICC, and the implications of this for the position of witnesses before the ICC/other tribunals. The cosmopolitan theory becomes a way of critiquing their practice and jurisprudence.

Cosmopolitan Global Politics

Patrick Hayden
Cosmopolitan Global Politics Book PDF

Author : Patrick Hayden
Publisher : Routledge
Page : 171 pages
File Size : 50,9 Mb
Release : 2017-05-15
Category : Political Science
ISBN : 9781351948289

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Cosmopolitan Global Politics by Patrick Hayden Pdf

Cosmopolitan conceptions of justice in global politics are gaining in importance in the field of international political theory. Cosmopolitanism claims that we owe duties of justice to all the persons of the world and thus that normative theories of global politics should focus first on the interests or welfare of persons rather than of states. Providing a thorough analysis of relevant literature and covering issues such as war and conflict, peace and human security, accountability for gross violations of human rights, environmental degradation, and the democratic deficit in transnational political actions and institutions, Patrick Hayden deftly examines the connections between accounts of cosmopolitanism and the part they play in contemporary global politics. He identifies competing theories of cosmopolitanism and defends them as strategies for serving the aims of justice in world affairs. Furthermore, he explores how cosmopolitan theories can function positively in processes of shaping international norms.

Power and Principle

Christopher Rudolph
Power and Principle Book PDF

Author : Christopher Rudolph
Publisher : Cornell University Press
Page : 232 pages
File Size : 48,7 Mb
Release : 2017-04-18
Category : Law
ISBN : 9781501708428

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Power and Principle by Christopher Rudolph Pdf

Human rights advocates have long pressed for international institutions to prosecute crimes against humanity. With its global reach and mandate to investigate and prosecute some of the world's most severe crimes (genocide, war crimes, and crimes against humanity) the creation of the International Criminal Court in 2002 was hailed as a landmark event in the evolution of truly global society. Supporters argue that the ICC and other transnational tribunals will deter the commission of atrocities and contribute to global peace and stability, and they laud its independence and its potential to check the arbitrary use of power against the powerless. To better understand how international criminal courts function and determine their broader implications for global society, this book examines the factors that led to the creation and evolution of international criminal courts, the nature of the support for and opposition to such institutions, and how they function.

Cosmopolitanism

David Held
Cosmopolitanism Book PDF

Author : David Held
Publisher : John Wiley & Sons
Page : 141 pages
File Size : 49,7 Mb
Release : 2013-04-23
Category : Political Science
ISBN : 9780745659350

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Cosmopolitanism by David Held Pdf

This book sets out the case for a cosmopolitan approach to contemporary global politics. It presents a systematic theory of cosmopolitanism, explicating its core principles and justifications, and examines the role many of these principles have played in the development of global politics, such as framing the human rights regime. The framework is then used to address some of the most pressing issues of our time: the crisis of financial markets, climate change and the fallout from the wars in Afghanistan and Iraq. In each case, Held argues that realistic politics is exhausted, and that cosmopolitanism is the new realism. See also Garrett Wallace Brown and David Held's The Cosmopolitanism Reader.

The International Criminal Court in Its Third Decade

Carsten Stahn
The International Criminal Court in Its Third Decade Book PDF

Author : Carsten Stahn
Publisher : BRILL
Page : 621 pages
File Size : 40,9 Mb
Release : 2023-11-07
Category : Law
ISBN : 9789004529939

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The International Criminal Court in Its Third Decade by Carsten Stahn Pdf

This volume examines lessons learned in over two decades of ICC practice. It discusses macro issues, such as universality, selectivity, new technologies, complementarity, victims and challenges in the life cycle of cases, as well as ways to re-think the ICC regime in light of the Independent Expert Review, aggression against Ukraine, and novel global challenges.

The Position of Witnesses before the International Criminal Court

Sylvia Ntube Ngane
The Position of Witnesses before the International Criminal Court Book PDF

Author : Sylvia Ntube Ngane
Publisher : BRILL
Page : 430 pages
File Size : 54,9 Mb
Release : 2015-09-03
Category : Law
ISBN : 9789004301955

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The Position of Witnesses before the International Criminal Court by Sylvia Ntube Ngane Pdf

The book examines the implications of cosmopolitan thought for the functioning of the ICC, and the implications of this for the position of witnesses before the ICC/other tribunals. The cosmopolitan theory becomes a way of critiquing their practice and jurisprudence.

The International Criminal Court

Marlies Glasius
The International Criminal Court Book PDF

Author : Marlies Glasius
Publisher : Routledge
Page : 177 pages
File Size : 45,6 Mb
Release : 2006-03-29
Category : Law
ISBN : 9781134315673

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The International Criminal Court by Marlies Glasius Pdf

A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?

Beyond Cosmopolitanism

Ananta Kumar Giri
Beyond Cosmopolitanism Book PDF

Author : Ananta Kumar Giri
Publisher : Springer
Page : 433 pages
File Size : 53,9 Mb
Release : 2017-10-17
Category : Social Science
ISBN : 9789811053764

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Beyond Cosmopolitanism by Ananta Kumar Giri Pdf

Considering the different traditions of cosmopolitan thinking and experimentation, this cutting edge volume examines the contemporary revival of cosmopolitanism as a response to the challenges of living in an interdependent world. Through a unique multidisciplinary approach, it takes the debate beyond the one-sided universalism of the Euro-American world and explores the multiverse of transformations which confront cosmopolitanism. The collection highlights central questions of cosmopolitan responsibility, global citizenship and justice as well as the importance of dialogue among civilizations, cultures, religions and traditions. Exploring the ethical and political dimensions of globalization, it outlines the pathways of going beyond cosmopolitanism by striving for a post-colonial cosmopolis characterized by global justice, trans-civilizational dialogues and dignity for all.

Crime and Global Justice

Daniele Archibugi,Alice Pease
Crime and Global Justice Book PDF

Author : Daniele Archibugi,Alice Pease
Publisher : John Wiley & Sons
Page : 288 pages
File Size : 46,5 Mb
Release : 2018-03-16
Category : Law
ISBN : 9781509512652

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Crime and Global Justice by Daniele Archibugi,Alice Pease Pdf

Over the last quarter of a century a new system of global criminal justice has emerged. But how successful has it been? Are we witnessing a new era of cosmopolitan justice or are the old principles of victors’ justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice, focusing on the trials of some of the world’s most notorious war criminals, including Augusto Pinochet, Slobodan Milošević, Radovan Karad ić, Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system’s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?

The International Criminal Court and Global Social Control

Nerida Chazal
The International Criminal Court and Global Social Control Book PDF

Author : Nerida Chazal
Publisher : Routledge
Page : 162 pages
File Size : 53,9 Mb
Release : 2015-12-14
Category : Law
ISBN : 9781317589662

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The International Criminal Court and Global Social Control by Nerida Chazal Pdf

The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.

Contestatory Cosmopolitanism

Tom Bailey
Contestatory Cosmopolitanism Book PDF

Author : Tom Bailey
Publisher : Routledge
Page : 152 pages
File Size : 40,8 Mb
Release : 2018-10-11
Category : Philosophy
ISBN : 9781351967754

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Contestatory Cosmopolitanism by Tom Bailey Pdf

Contemporary global politics poses urgent challenges – from humanitarian, migratory and environmental problems to economic, religious and military conflicts – that strain not only existing political systems and resources, but also the frameworks and concepts of political thinking. The standard cosmopolitan response is to invoke a sense of global community, governed by such principles as human rights or humanitarianism, free or fair trade, global equality, multiculturalism, or extra-national democracy. Yet, the contours, grounds and implications of such a global community remain notoriously controversial, and it risks abstracting precisely from the particular and conflictual character of the challenges which global politics poses. The contributions to this collection undertake to develop a more fruitful cosmopolitan response to global political challenges, one that roots cosmopolitanism in the particularity and conflict of global politics itself. They argue that this ‘contestatory’ cosmopolitanism must be dialectical, agonistic and democratic: that is, its concepts and principles must be developed immanently and critically out of prevailing normative resources; they must reflect and acknowledge their antagonistic roots; and they must be the result of participatory and self-determining publics. In elaborating this alternative, the contributions also return to neglected cosmopolitan theorists like Hegel, Adorno, Arendt, Camus, Derrida, and Mouffe, and reconsider mainstream figures such as Kant and Habermas. This collection was originally published as a special edition of Critical Horizons.